Mishcon Advances Group Claim for Dental Practices

5 June 2020

• Specifically for QBE BI Policyholders
• Interest to be registered at dentalclaims@mishcon.com by Friday 19 June 2020

Dental practices with business interruption (BI) insurance policies underwritten by QBE today are offered a viable collective route to litigation in circumstances where their Covid-19-related claims have been rejected by their insurer.

Leading law firm, Mishcon de Reya LLP, announces it has received agreement in principle from an experienced and well-capitalised litigation funder to fund a group claim against QBE for dental practices who have suffered business interruption losses relating to the Covid-19 pandemic.

Mishcon’s litigation offering to dentists comes on the back of similar group claims on which it is currently advising: the Hiscox Action Group and hospitality sector-focused claims against Aviva and QBE. Mishcon is working with a specialist insurance Leading Counsel, Jeffrey Gruder QC of Essex Court Chambers; they believe that claims under the QBE dental practice policies are ripe for challenge.

Sonia Campbell, Partner and Head of the Insurance Disputes Practice at Mishcon de Reya LLP, comments: “The issue for dentists is similar in many ways to that experienced by the other businesses whom we also advise. Dental practice owners responsibly insured themselves against the risk of financial losses, including from notifiable diseases and yet, just like those in other trades, soon learned that their claims have been rejected. Practice owners provide an invaluable service to patients in their local communities. We hope by supporting dental practices we can help them restore their vital businesses to full health.”

To express interest in joining a dental group claim against QBE, dental practice owners with Business Interruption insurance policies insured by QBE (Office Insurance Policy) should email
dentalclaims@mishcon.com by no later than 19 June 2020 to be included in the potential claim.

Ends

NOTES TO EDITORS:

Mishcon de Reya’s Insurance team has already undertaken to advise on three separate claims relating to insurers’ refusal to honour claims under their business interruption policies – the insurers concerned are Hiscox, Aviva and QBE.

Cost: There is no cost to dental businesses to participate at this stage. If a claim is progressed and is successful, the third party funder is paid by taking an agreed deduction from any compensation secured at the end of the litigation. Most reassuringly, if the claim is unsuccessful, the litigation funder covers all legal expenses, so there is very limited financial risk to Group members.

Claim size: There is no current limit on the number of potential participants in a group claim – interested parties should simply indicate their interest to Mishcon de Reya by 19 June 2020.

Process: Mishcon de Reya will respond to each interested business seeking their formal instruction (with no obligation on fees) setting out the terms on which any litigation would proceed. All the costs of litigation are met by the funder (including all legal fees). The funder receives its remuneration by way of a percentage of the funds awarded following a successful claim.

About Bell Yard: Bell Yard Communications is advising on the creation of this litigation group. We are a boutique London-based specialist litigation and legal PR agency, founded in 2002. Bell Yard has been top ranked (Band 1) by Chambers’ Litigation Support Guide every year since the guide’s formation for our litigation PR expertise.

About Mishcon de Reya: the firm has acted on a number of group actions including but not limited to: Taxi drivers against Uber, shareholders against RBS, Royal Mail (tax litigation) and an action against Google. Mishcon is also currently advising the Hiscox Action Group and HIGA (the Hospitality Insurance Group Action).

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